Identified Matters definition

Identified Matters means those matters set forth on Section 1.01 of the Company Disclosure Schedule.
Identified Matters means the matters set out in Clause 5.2;
Identified Matters means (a) the current securities class actions, (b) SEC investigation and (c) restatement and audit of financial accounts and review of internal controls resulting from the Audit Committee’s review and its advisors’ and the Company’s auditors’ review of the Eric Cohen allegations and the Company’s financial statements and internal controls, but in the case of (c), exclusively (x) approximately $18 million in revenue erroneously recognized in the Company’s consolidated financial statements for the year ended December 31, 2015 which involves shifting of consolidated net income, consolidated net assets or consolidated liabilities from 2015 to another period or periods, (y) up to $3 million in revenue from Moser Energy Systems which may become an uncollectible accounts receivable, and (z) up to $306,000 in revenue from Green APU which may be erroneously recognized in the Company’s 2015 consolidated financial statements.

Examples of Identified Matters in a sentence

  • Except for Identified Matters, Landlord's liability to Tenant for any default by Landlord under this Lease is limited to Landlord's interest in the Premises, and Tenant agrees to look solely to Landlord's interest therein for the recovery of any judgment against Landlord, it being intended that neither Landlord nor any of its shareholders, employees, agents, representatives, affiliates, officers or directors shall be personally liable for any judgment or deficiency.

  • There shall be no limitation on Landlord's liability with respect to any willful misconduct, bad faith breach of this Lease, gross negligence by Landlord, or any breach by Landlord of its obligations with respect to Sections 20.4, 20.5 or 20.6 ("Identified Matters").

  • The obligations of Tenant and Landlord (including, without limitation, the obligations of Landlord with respect to the Identified Matters set forth below) under this Lease shall be without recourse to any partner, officer, trustee, beneficiary, shareholder, director or employee of Tenant or Landlord.

  • Between the date hereof and the Closing Date, Parent and the Company shall work together in good faith to complete the ongoing evaluation of the Identified Matters.

  • The Stock Purchase Agreement is hereby amended to add those items set forth in Schedule 2 attached hereto to Disclosure Schedule 12.1(a)(iii), Identified Matters, of the Stock Purchase Agreement.


More Definitions of Identified Matters

Identified Matters means (a) the current securities class actions, (b) SEC investigation and (c) restatement and audit of financial accounts and review of internal controls resulting from the Audit Committee’s review and its advisors’ and the Company’s auditors’ review of the ▇▇▇▇ ▇▇▇▇▇ allegations and the Company’s financial statements and internal controls, but in the case of (c), exclusively (x) approximately $18 million in revenue erroneously recognized in the Company’s consolidated financial statements for the year ended December 31, 2015 which involves shifting of consolidated net income, consolidated net assets or consolidated liabilities from 2015 to another period or periods, (y) up to $3 million in revenue from ▇▇▇▇▇ Energy Systems which may become an uncollectible accounts receivable, and (z) up to $306,000 in revenue from Green APU which may be erroneously recognized in the Company’s 2015 consolidated financial statements.
Identified Matters has the meaning ascribed to it in Section 7.15.
Identified Matters has the meaning given to it in Clause 2.3(B);
Identified Matters set forth in item (3) of Section 10C(iii) of the Purchase Agreement is hereby deleted in its entirety and replaced with the following: “any of the matters set forth on Schedule 10A(v)”
Identified Matters means the matters listed in Schedule 4.12.
Identified Matters are: (A) the criteria and assumptions underlying the requirements for the treatment, storage, transportation and disposal of Waste; (B) the RWM Waste Packaging Advice; (C) the planning, design and operation of the GDF Programme; (D) the development of the Waste Transfer Schedule; (E) the emplacement schedule of ILW in the GDF Programme; (F) the use of the GDF Programme Cost Estimate to assess the costs of disposal for (i) all waste streams (including Spent fuel and ILW); and (ii) Legacy Waste and New Build Waste, including any Estimating Uncertainty and/or Discrete Risks identified in relation thereto; (G) the decision by the Secretary of State to require the application of either the Offsite Transfer Principle or the Onsite Transfer Principle; (H) in relation to any other holder, owner or operator of, or in relation to, New Build Waste only: (i) the methodology used, and its application to determine, the Waste Transfer Price; (ii) the allocation of costs as either Fixed Costs or Variable Costs; and (iii) the Cap, any initial offer for the Waste Transfer Price made pursuant to Clause 10.4, the method used for determining the Default Date and the Assumed Disposal Dates, the Risk Fee, the Discount Factor and any adjustments for inflation;
Identified Matters are: (A) the criteria and assumptions underlying the requirements for the treatment, storage, transportation and disposal of Waste; (B) the RWM Waste Packaging Advice; (C) the planning, design and operation of the GDF Programme; (D) the emplacement schedule of Spent Fuel in the GDF Programme; (E) the use of the GDF Programme Cost Estimate to assess the costs of disposal for (i) all waste streams (including Spent fuel and ILW); and (ii) Legacy Waste and New Build Waste, including any Estimating Uncertainty and/or Discrete Risks identified in relation thereto; (F) in relation to any other holder, owner or operator of, or in relation to, New Build Waste only: (i) the methodology used, and its application to determine, the Waste Transfer Price; (ii) the allocation of costs as either Fixed Costs or Variable Costs; and (iii) the Cap, any initial offer for the Waste Transfer Price made pursuant to Clause 10.6, the method used for determining the Default Date and the Assumed Disposal Dates, the adjustment for risk made to any Waste Management costs to determine the Waste Management Cost Estimate, the Waste Management Risk Premium, the Risk Fee, the Discount Factor and any adjustments for inflation;